Financial Services and Arrangements to Facilitate the (Ex)Portability of Social Security Benefits in the Southern African Development Community

Authors

DOI:

https://doi.org/10.17159/1727-3781/2022/v25i0a14596

Keywords:

(Ex)portability, social security benefits, social security coordination, financial services, regional integration

Abstract

This contribution reviews the financial services and arrangements to facilitate the (ex)portability of social security benefits in the Southern African Development Community (the SADC). It commences by providing a general background to the theme it covers by focussing on the (ex)portability of social security as part of the coordination principles contained in the pertinent International Labour Organisation social security conventions, the (ex)portability of social security benefits provided for in SADC social security instruments, the key purpose of the payment of social security abroad, and the negative impact of the absence of the suitable cross-border payment of benefits in the SADC. It proceeds by discussing the common methods used for the cross-border payment of social security benefits in the SADC. These models are business-to-business, business-to-client, government institution-to-government institution, and client-to-business. The contribution continues by reviewing selected challenges in the region facing financial services and arrangements to facilitate the payment of social security abroad. These challenges are the lack of a single currency, remittance costs, and unbanked persons. The paper concludes by making recommendations for developing a coherent regional and enabling framework for the payment of social security benefits abroad.

Downloads

Download data is not yet available.

Author Biography

Letlhokwa George Mpedi, University of Johannesburg

Professor and Deputy Vice-Chancellor: Academic, University of Johannesburg,

References

Bibliography

Literature

Dupper O "Migrant Workers and the Right to Social Security: An International Perspective" in Becker U and Olivier M (eds) Access to Social Security for Non-Citizens and Informal Sector Workers (Sun Press Stellenbosch 2008) 13-56

Hirose K, Nikač M and Tomagno E Social Security for Migrant Workers: A Rights-based Approach (ILO Geneva 2011)

Keendjele D Social Protection in SADC: The Report of the Study on Access to and the Portability of Social Security Benefits by Migrant Mine Workers in the SADC Region (2018) (Unpublished Report Prepared for the ILO)

McGillivray W Strengthening Social Protection for African Migrant Workers through Social Security Agreements (ILO Geneva 2010)

Mpedi LG "Molao wa tšhireletso ya leago ka mo go ditšhaba tšeo di hlabologago tša borwa bja Afrika" 2011 De Jure 18-31

Mpedi LG "Portability of Accrued Social Security Benefits within the SADC Region Policy Framework: Opportunities, Pitfalls and Challenges" in Olivier MP, Mpedi LG and Kalula E (eds) Liber Amicorum: Essays in Honour of Professor Edwell Kaseke and Dr Mathias Nyenti (Sun Press Stellenbosch 2020) 221-230 DOI: https://doi.org/10.18820/9781928480839/16

Mpedi LG and Nyenti MAT Towards an Instrument for the Portability of Social Security Benefits in the Southern African Development Community (Sun Press Stellenbosch 2017)

Mpedi LG, Smit N and Nyenti MAT "Access to Social Services for Non-Citizens and the Portability of Social Security Benefits within the Southern African Development Community: A Synthesis" in Mpedi LG and Smit N (eds) Access to Social Services for Non-Citizens and the Portability of Social Security Benefits within the Southern African Development Community (Sun Press Stellenbosch 2011) 1-64

Olivier M "Enhancing Access to South African Social Security Benefits by SADC Citizens: The Need to Improve Bilateral Arrangements within a Multilateral Framework (Part I)" 2011 SADC Law Journal 121-148

Olivier M "Social Protection in SADC: Developing an Integrated and Inclusive Framework – A Rights-Based Perspective" in Olivier M and Kalula E (eds) Social Protection in SADC: Developing an Integrated and Inclusive Framework (Centre for International and Comparative Labour and Social Security Law, RAU and Institute of Development and Labour Law, UCT Cape Town 2004) 21-70

Olivier M "Social Security Standards in Southern Africa" in Becker U, Pennings F and Dijkhoff T (eds) International Standard-Setting and Innovations in Social Security (Kluwer Law International The Hague 2013) 89-106

Olivier M "Social Security for Migrants: Does the European Union Framework Provide Lessons for Developments in SADC?" in Bergman J et al (eds) Social Security in Transition (Kluwer Law International The Hague 2002) 107-124

Osode P "The Southern African Development Community in Legal Historical Perspective" 2003 Journal for Juridical Science 1-9 DOI: https://doi.org/10.4314/jjs.v28i3.27147

Southern African Development Community SADC Financial Inclusion Strategy (SADC Gaborone 2016)

South African Reserve Bank Currency and Exchange Guidelines for Individuals (South African Reserve Bank Pretoria 2019)

Truen S et al Updating the South Africa-SADC Remittance Channel Estimates (FinMark Trust Midrand 2016)

World Bank The Market for Remittance Services in Southern Africa (World Bank Washington DC 2018)

Government publications

Malawi

Pension (Payment of Benefits from Pension Funds) Directive, 29 August 2014

South Africa

GN R162 in GG 27316 of 22 February 2005 (Regulations in terms of the Social Assistance Act 13 of 2004)

International instruments

Agreement between the Government of the Republic of South Africa and the Government of the Kingdom of Lesotho Relating to the Establishment of an Office for a Lesotho Government Labour Representative in the Republic of South Africa, Lesotho Citizens in the Republic of South Africa and the Movement of Such Persons Across the International Border (1973)

Agreement between the Government of the Republic of South Africa and the Government of the Kingdom of Swaziland (Now, Eswatini) Relating to the Establishment of an Office for a Swaziland Government Labour Representative in the Republic of South Africa, Certain Swaziland Citizens in the Republic of South Africa, the Movement of Such Persons Across the Common Border and the Movement of Certain South African Citizens Across the Common Border, and Addendum Thereto (1975)

Agreement between the Government of the Republic of South Africa and Government of the Republic of Botswana Relating to the Establishment of an Office for a Botswana Government Labour Representative in the Republic of South Africa, Botswana Citizens in the Republic of South Africa and the Movement of Such Persons Across the International Border (1973)

Agreement between the Government of the Republic of South Africa and the Government of the Republic of Portugal Regulating the Employment of Portuguese Workers from the Province of Mozambique on Certain Mines in the Republic of South Africa (1964)

Agreement between the Governments of the Republic of South Africa and Malawi Relating to the Employment and Documentation of Malawi Nationals in South Africa (1967)

Code on Social Security in the SADC (2007)

Equality of Treatment (Accident Compensation) Convention (1925)

Equality of Treatment (Social Security) Convention (1962)

Guidelines on the Portability of Social Security Benefits in SADC (2020)

Maintenance of Migrants' Pension Rights Convention (1935)

SADC Cross-Border Portability of Social Security Benefits Policy Framework (2016)

Social Security (Minimum Standards) Convention (1952)

Internet sources

Anonymous 2017 R10bn Unclaimed in Mineworkers' Retirement Funds https://www.news24.com/fin24/Money/Retirement/r10bn-unclaimed-in-mineworkers-retirement-funds-20170412 accessed 31 August 2022

Bisong A, Ahairwe PE and Njoroge E 2020 The Impact of Covid-19 on Remittances for Development in Africa https://ecdpm.org/wp-content/uploads/Impact-COVID-19-remittances-development-Africa-ECDPM-discussion-paper-269-May-2020.pdf accessed 31 August 2022

Hoda A and Rai DK 2019 Totalisation/Portability of Social Security Benefits: Imperatives for Global Action https://icrier.org/pdf/Working_Paper_379.pdf accessed 31 August 2022

Jefferis K 2019 Zimbabwe's Currency Crisis is Far from Being Resolved https://www.dailymaverick.co.za/article/2019-12-11-zimbabwes-currency-crisis-is-far-from-being-resolved/ accessed 7 July 2022

Mpedi LG and Nyenti M 2013 Portability of Social Security Benefits in Mining Sector: Challenges Experienced by Former Mineworkers in Accessing Social Security Benefits in Selected Southern African Countries https://www.africaportal.org/publications/portability-of-social-security-benefits-in-mining-sector-challenges-experienced-by-former-mineworkers-in-accessing-social-security-benefits-in-selected-southern-african-countries/ accessed 31 August 2022

SADC 2020 https://www.sadc.int/latest-news/sadc-records-notable-progress-financial-markets-and-regional-integration

Southern African Development Community 2020 SADC Records Notable Progress in Financial Markets and Regional Integration https://www.sadc.int/latest-news/sadc-records-notable-progress-financial-markets-and-regional-integration accessed 7 July 2022

Published

27-10-2022

How to Cite

Mpedi, L. G. (2022). Financial Services and Arrangements to Facilitate the (Ex)Portability of Social Security Benefits in the Southern African Development Community. Potchefstroom Electronic Law Journal, 25, (Published 27 October 2022) pp 1 – 18. https://doi.org/10.17159/1727-3781/2022/v25i0a14596

Issue

Section

Special Edition: Festschrift - Charl Hugo

Similar Articles

1 2 3 4 5 6 7 8 9 10 > >> 

You may also start an advanced similarity search for this article.